Avoid disputes over inheritance

Regulating community of heirs in the will

Testators often only want the best for their surviving dependants. This also includes the fair distribution of the estate. However, if several heirs are named in the will without a clear distribution of the inherited items, the heirs must settle this among themselves. Until then, neither heir can directly access "his" or "her" share and, in the worst-case scenario, a dispute may even arise. Even if there is no testamentary disposition at all, the law creates such a community of heirs if there are several compulsory heirs. This can be remedied by having a will drawn up by a notary.

What are communities of heirs?

A community of heirs is automatically created when several heirs receive the estate together. All heirs have the same rights and obligations. For example, if one of the heirs lays claim to the family jewelry or a certain antique, he or she may not access it alone and directly. A joint decision must be made as to whether this heirloom may pass into his or her possession. In the case of a community of heirs, properties can also only be sold with the cooperation of all co-heirs. The community of heirs is dissolved with the so-called division of the estate, i.e. when the heirs have agreed on how the inheritance should be divided.

A notarized will can avoid disputes

Notaries are the first port of call for drafting wills, especially when it comes to the inheritance of larger assets or when several people are to inherit. In order to avoid future disputes, it is a good idea to include division arrangements in the last will and testament. Such an arrangement regulates the division of the estate so that, for example, it can be determined which heir should receive which item from the estate. However, the testator can also stipulate that the entire estate is to be auctioned off and that the heirs are to share in the proceeds in proportion to their inheritance share.

If you would like advice on this topic from a notary in advance, you can find the right contact person on the Internet at www.notar.de.

You can find further news at https://ratgeber-notar.de/.